Pankaj Sharma v. Prabha Sharma & Anr

1. This order is in continuation of the order dated 17.09.2015. On the last date of hearing, counsels for the parties had requested for an adjournment to enable the defendant No.2 to have the Sale Deed of the subject flat registered. The Court is informed today that the Sale Deed has been duly executed and registered on 22.09.2015. A copy of the said document is handed over by the counsel for the defendant No.2 and taken on record.

2. Counsel for the plaintiff states that now the plaintiff and the defendant No.1 (mother and son) are required to take joint steps to dispose of the suit property and share the sale proceeds equally. However, counsel for the defendant No.2 informs the Court that on 2015:DHC:8266 CS(OS)968/2013 mortgaging the flat to IDBI Bank, the plaintiff has taken a loan of Rs.10 lacs, which fact is confirmed by the counsel for the plaintiff, who submits that the plaintiff had taken a loan of Rs.10 lacs and has been returning the amount in equal monthly instalments. He submits that as of now, only a sum of Rs.2.[5] lacs is left to be paid.

3. In view of the above, defendant No.2 is directed to deposit the original Sale Deed of the flat with the Manager of IDBI Bank, Jhandewalan Branch, who shall retain the title deeds till the entire loan amount is liquidated by the plaintiff. Once the flat is free from encumbrance, the plaintiff and the defendant No.1 shall be at liberty to dispose it of within six months therefrom and share the sale proceeds in equal half. If the parties are unable to do so, then they shall be entitled to file an execution petition to seek execution of the judgment and decree, as per law.

4. The suit is decreed on the aforesaid lines while leaving the parties to bear their own costs.

5. The suit is disposed of alongwith the pending application. HIMA KOHLI, J OCTOBER 01, 2015 rkb